Montana Title 30. Trade and Commerce § 30-25-306. Private right of action--remedies

Current as of January 01, 2024 | Updated by Findlaw Staff

(1) An individual harmed by a violation of 30-25-304 and 30-25-305 may maintain a cause of action for the following remedies:

(a) injunctive relief;

(b) damages in an amount that is the greater of:

(i) $1,500; or

(ii) actual damages sustained to the individual as a result of the violation; and

(c) recovery for any profits that are attributable to the violation not included in the calculation of actual damages under subsection (1)(b).

(2) To prove profits under this section, an individual shall submit proof of gross revenues attributable to the violation and the violating party shall prove the party's deductible expenses.

(3) An individual shall bring a cause of action under this section within 7 years of the discovery of the violation or before the individual reaches 26 years of age, whichever is later.

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Cite this article: FindLaw.com - Montana Title 30. Trade and Commerce § 30-25-306. Private right of action--remedies - last updated January 01, 2024 | https://codes.findlaw.com/mt/title-30-trade-and-commerce/mt-code-ann-sect-30-25-306/

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